Section 11-60.1-174 - Maximum achievable control technology (MACT emission standards(a) This section applies to an owner or operator of a major or area source of hazardous air pollutants that has or will have affected source(s) in a category or subcategory subject to a promulgated MACT emission standard An owner or operator of an affected source shall comply with all applicable provisions of 4 0 CFR Part 63, entitled "National Emission Standards for Hazardous Air Pollutants for Source Categories," including the following subparts: (1) Subpart A, General Provisions;(2) Subpart D, Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants;(3) Subpart H, National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks;(4) Subpart M, National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities;(5) Subpart N, National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Anodizing Tanks;(6) Subpart O, Ethylene Oxide Emissions Standards for Sterilization Facilities;(7) Subpart Q, National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers;(8) Subpart R, National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations);(9) Subpart T, National Emission Standards for Halogenated Solvent Cleaning;(10) Subpart U, National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins;(11) Subpart W, National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production;(12) Subpart Y, National Emission Standards for Marine Tank Vessel Loading Operations;(13) Subpart CC, National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries;(14) Subpart DD, National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations;(15) Subpart GG, National Emission Standards for Aerospace Manufacturing and Rework Facilities;(16) Subpart II, National Emission Standards for Shipbuilding and Ship Repair (Surface Coating);(17) Subpart JJ, National Emission Standards for Wood Furniture Manufacturing Operations;(18) Subpart KK, National Emission Standards for the Printing and Publishing Industry;(19) Subpart 00, National Emission Standards for Tanks-Level 1;(20) Subpart PP, National Emission Standards for Containers;(21) Subpart QQ, National Emission Standards for Surface Impoundments;(22) Subpart RR, National Emission Standards for Individual Drain Systems;(23) Subpart SS, National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process;(24) Subpart VV, National Emission Standards for Oil-Water Separators and Organic Water Separators;(25) Subpart WW, National Emission Standards for Storage Vessels (Tanks)-Control Level 2;(26) Subpart JJJ, National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins;(27) Subpart UUU, National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units;(28) Subpart VVV, National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works;(29) Subpart AAAA, National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills;(30) Subpart HHHH, National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production;(31) Subpart WW, National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing;(32) Subpart YYYY, National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines;(33) Subpart ZZZZ, National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines;(34) Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Coinmercial, and Institutional Boilers and Process Heaters;(35) Subpart PPPPP, National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands;(36) Subpart UUUUU, National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units;(37) Subpart BBBBBB, National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities;(38) Subpart CCCCCC, National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities;(39) Subpart HHHHHH, National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources; and(40) Subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources.(b) Any owner or operator who constructs, reconstructs, modifies, or operates an affected source subject to covered source permitting is subject to the application and permitting requirements of subchapter 5. Each MACT emission standard (including emission limits, control, operational, and maintenance requirements, compliance dates, and associated recordkeeping, monitoring, testing, notification, and reporting requirements) is an applicable requirement of subchapter 5, Covered Sources.(c) Any owner or operator who constructs, reconstructs, modifies, or operates an affected source subject to noncovered source permitting requirements is subject to the application and permitting requirements of subchapter 4. Each MACT emission standard (including emission limits, control, operational, and maintenance requirements, compliance dates, and associated recordkeeping, monitoring, testing, notification, and reporting requirements) is an applicable requirement of subchapter 4, Noncovered Sources. (d) The deadlines for submitting the required initial notification, and applying for or obtaining a noncovered or covered source permit to address the MACT emission standard are as follows: (1) The owner or operator of a new affected source subject to noncovered or covered source permitting shall submit a complete noncovered or covered source permit application for and obtain a noncovered or covered source permit prior to commencing construction or reconstruction of an affected source, except as provided below.(2) The owner or operator of a new major affected source for which construction or reconstruction had commenced, and initial startup had not occurred before the standard's effective date, shall submit a complete and timely covered source permit application within sixty calendar days after the standard's effective date. The covered source permit application may be used to fulfill the initial notification requirements of 40 CFR § 63.9(b).(3) The owner or operator of: (A) an existing affected source;(B) a new nonmajor affected source for which construction or reconstruction had commenced and initial startup had not occurred before the standard's effective date; or(C) a new affected source for which construction or reconstruction had commenced and initial startup had occurred before the standard's effective date; shall submit written notification to the director of being subject to the MACT emission standard within 120 calendar days after the effective date of the applicable standard or within 120 calendar days after the source becomes subject to the applicable standard. The owner or operator may submit an initial notification later than the deadline required above, if the applicable MACT standard sets a later deadline. Notification shall be provided pursuant to 40 CFR § 63.9(b)(2). The owner or operator shall also submit a complete and timely noncovered or covered source permit application, as applicable, within twelve months after the effective date of the standard, or within twelve months after the source becomes subject to the standard.(e) In addressing the MACT emission standard, the owner or operator of an affected source shall provide as part of the noncovered or covered source permit application, any other additional information listed in 40 CFR 63.5(d)(1)(ii), (2), and (3).Haw. Code R. § 11-60.1-174
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; am and comp 11/14/03; comp 1/13/12; am and comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7412, 7416; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7412, 7416; 40 C.F.R. Part 70)